Posted on 05/18/2003 2:16:37 PM PDT by webber
In the past, prominent Democrats have said that filibusters are unconstitutional. However, now that they are blocking President Bush's appointments, they apparently see no problem with using unconstitutional means to punish the President. Prominent Democrats have frequently asserted that the use of filibusters is unconstitutional. They've changed their tune now that they're the minority party in the Senate. Apparently any unethical means is okay as long as it blocks President Bush's judicial nominees.
Notice what these Democrats have said in the past about filibusters:
Senator Joe Lieberman on January 4, 1995: "The filibuster rule . . . there is no constitutional basis for it. . . . it is, in its way, inconsistent with the Constitution, one might almost say an amendment of the Constitution by rule of the U.S. Senate." And on January 5: "The Constitution states only five specific cases in which there is a requirement for more than a majority to work the will of this body: Ratification of a treaty, override of a Presidential veto, impeachment, adoption of a constitutional amendment, and expulsion of a Member of Congress. In fact, the Framers of the Constitution considered other cases in which a supermajority might have been required and rejected them. And we by our rules have effectively amended the Constitution--which I believe, respectfully, is not right-- and added the opportunity of any Member or a minority of Members to require 60 votes." Congressional Record.
Senator Tom Daschle on January 30, 1995: "The Constitution is straightforward about the few instances in which more than a majority of the Congress must vote: A veto override, a treaty, and a finding of guilt in an impeachment proceeding. Every other action by the Congress is taken by majority vote. The Founders debated the idea of requiring more than a majority . . . . They concluded that putting such immense power into the hands of a minority ran squarely against the democratic principle. Democracy means majority rule, not minority gridlock." Congressional Record.
Senator Tom Harkin on March 1, 1994: "I really believe that the filibuster rules are unconstitutional. I believe the Constitution sets out five times when you need majority or supermajority votes in the Senate for treaties, impeachment." Congressional Record.
Lloyd Cutler, Carter and Clinton White House Counsel, on September 29, 1968: "Nothing would more poorly serve our constitutional system than for the nominations to have earned the approval of the Senate majority, but to be thwarted because the majority is denied a chance to vote. Senators have never before employed a filibuster against a Supreme Court nomination. Indeed, prior Supreme Court nominations have seldom been debated more than 8 days. Whatever the merits of the filibuster as a device to defeat disliked legislation, its use to frustrate a judicial appointment creates a dangerous precedent with important implications for the very structure of our Government." Congressional Record.
And again on April 19, 1993: "Requirements of 60 votes to cut off debate and a two-thirds vote to amend the rules are both unconstitutional." And again on May 3, 1993: "The Senate rule requiring a super-majority vote to cut off debate is unconstitutional." Washington Post.
The Senate Democratic minority appears to be using "The Prince" by Nicolo Machiavelli as its ethical guide.
Miles Alexander
But just turn the tables and let the Republicans try a stunt like this and the howling from the leftist media would be constant and deafening.
But since the GOP also uses it, who would ask the Supreme Court to rule on the illegal use of the filibuster; unless the Supreme Court takes it upon themselves to review it, but I don't know if that's constitutional either.
Here's the cloture rule......
2. Notwithstanding the provisions of rule II or rule IV or any other rule of the Senate, at any time a motion signed by sixteen Senators, to bring to a close the debate upon any measure, motion, other matter pending before the Senate, or the unfinished business, is presented to the Senate, the Presiding Officer, or clerk at the direction of the Presiding Officer, shall at once state the motion to the Senate, and one hour after the Senate meets on the following calendar day but one, he shall lay the motion before the Senate and direct that the clerk call the roll, and upon the ascertainment that a quorum is present, the Presiding Officer shall, without debate, submit to the Senate by a yea-and-nay vote the question:
"Is it the sense of the Senate that the debate shall be brought to a close?" And if that question shall be decided in the affirmative by three-fifths of the Senators duly chosen and sworn -- except on a measure or motion to amend the Senate rules, in which case the necessary affirmative vote shall be two-thirds of the Senators present and voting -- then said measure, motion, or other matter pending before the Senate, or the unfinished business, shall be the unfinished business to the exclusion of all other business until disposed of.
Thereafter no Senator shall be entitled to speak in all more than one hour on the measure, motion, or other matter pending before the Senate, or the unfinished business, the amendments thereto, and motions affecting the same, and it shall be the duty of the Presiding Officer to keep the time of each Senator who speaks. Except by unanimous consent, no amendment shall be proposed after the vote to bring the debate to a close, unless it had been submitted in writing to the Journal Clerk by 1 o'clock p.m. on the day following the filing of the cloture motion if an amendment in the first degree, and unless it had been so submitted at least one hour prior to the beginning of the cloture vote if an amendment in the second degree. No dilatory motion, or dilatory amendment, or amendment not germane shall be in order. Points of order, including questions of relevancy, and appeals from the decision of the Presiding Officer, shall be decided without debate.
After no more than thirty hours of consideration of the measure, motion, or other matter on which cloture has been invoked, the Senate shall proceed, without any further debate on any question, to vote on the final disposition thereof to the exclusion of all amendments not then actually pending before the Senate at that time and to the exclusion of all motions, except a motion to table, or to reconsider and one quorum call on demand to establish the presence of a quorum (and motions required to establish a quorum) immediately before the final vote begins. The thirty hours may be increased by the adoption of a motion, decided without debate, by a threefifths affirmative vote of the Senators duly chosen and sworn, and any such time thus agreed upon shall be equally divided between and controlled by the Majority and Minority Leaders or their designees. However, only one motion to extend time, specified above, may be made in any one calendar day.
If, for any reason, a measure or matter is reprinted after cloture has been invoked, amendments which were in order prior to the reprinting of the measure or matter will continue to be in order and may be conformed and reprinted at the request of the amendment's sponsor. The conforming changes must be limited to lineation and pagination.
No Senator shall call up more than two amendments until every other Senator shall have had the opportunity to do likewise.
Notwithstanding other provisions of this rule, a Senator may yield all or part of his one hour to the majority or minority floor managers of the measure, motion, or matter or to the Majority or Minority Leader, but each Senator specified shall not have more than two hours so yielded to him and may in turn yield such time to other Senators.
Notwithstanding any other provision of this rule, any Senator who has not used or yielded at least ten minutes, is, if he seeks recognition, guaranteed up to ten minutes, inclusive, to speak only.
After cloture is invoked, the reading of any amendment, including House amendments, shall be dispensed with when the proposed amendment has been identified and has been available in printed form at the desk of the Members for not less than twenty four hours.
If the Republicans stand in the way of the democRATs, it's unconstitutional. If the democRATs stand in the way of Republicans, it's courageous.
Senate confirmations fall within the scope of "any measure, motion, other matter pending before the Senate," and thus, the Cloture rule applies to stopping debate of same.
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